Download Prescription Drugs and Minimum Mandatory Sentences

University of Central Florida
STUDENT LEGAL SERVICES
Prescription Drugs
and Minimum Mandatory Sentences
Pain Pills (What You MUST Know)
Under Florida law, you can be charged with trafficking in a controlled substance by simply possessing pain
pills in a “trafficking amount” which were not prescribed to you, or which were prescribed to you, if you
attempt to sell, deliver, or give to another person — anything over 4 grams. Pain pills are hydrocodone,
oxycodone and morphine (a/k/a Vicodin, Lorcet, Percocet, Lortabs, Darvocet).
If you are convicted of trafficking pain pills, it is a First Degree Felony that carries mandatory minimum
sentences and huge fines, depending on the traffic amount. The mandatory minimums are:
•
•
•
•
4 grams or more, but less than 14 grams
14 grams or more, but less than 28 grams
28 grams or more, but less than 30 kilograms
30 kilograms or more
-
3 years in prison and a $50,000 fine.
15 years in prison and a $100,000 fine.
25 years in prison and a $500,000 fine.
Life in prison
The penalties are the same as for heroin, and more severe than those for cocaine. For example,
possession of between 28 and 200 grams of cocaine carries a mandatory minimum of 3 years in prison and
a $25,000 fine—much less than the 25 year sentence and $500,000 fine for prescription pain pills.
The weight is counted as the entire pill’s weight, not just the active ingredients, so it would
only take 7 Lorcet pills to receive a conviction with a mandatory 3 year sentence.
The judge is allowed to deviate from the minimums only if the person convicted is under
21 at the time of sentencing. Also, the State Attorney may ask for a reduced or suspended
sentence if s/he believes that the person provided “substantial assistance” in the
identification and subsequent arrest of accomplices, co-conspirators or others engaged in
trafficking.
Possession of less than 4 grams of pain pills that you do not have a valid prescription for is a Third Degree
Felony punishable by up to 5 years in prison and up to a $5,000 fine.
Questions? Make an appointment with UCF’s Student Legal Services!
407-823-2538 or [email protected]
**This document is intended for informational purposes only and is not a substitute for legal advice.**
Like UCF Student Legal Services on Facebook! Follow us on Twitter @UCFStudentLegal!
Continued on revers
Other Prescription Drugs
Under Florida law, it is a Third Degree Felony to possess other “controlled substances” without a valid
prescription. Likewise, it is also a felony to sell, deliver or possess with intent to sell or deliver, regardless
of whether or not you have a valid prescription. If the sale or delivery occurs within 1,000 feet of a college
or university, it becomes a Second Degree Felony, punishable by up to 15 years in prison and a fine up to
$10,000.
Common drugs that fall within this category are those used to treat ADD/ADHD (i.e. Ritalin, Adderall and
Vyvanse), anxiety and depression, as well as sleep aids (i.e. Xanax, Valium, Lorazepam, Ambien).
Doctor Shopping Statute
Florida’s “Doctor Shopping Statute” makes it a Third Degree Felony if you fail to
disclose to a doctor from whom you are seeking to get a controlled substance or
a prescription for a controlled substance that you have gotten a controlled
substance or prescription for a controlled substance that has a similar
therapeutic use within the previous 30 days. For example, you cannot go to one
doctor and get a prescription for an ADHD medication, and then 15 days later go
to another doctor for the same or similar medication and fail to tell the second
doctor of the first prescription.
Florida has an electronic prescription drug database that can be accessed by
doctors, pharmacists and law enforcement during “active investigations.” With few exceptions, doctors
and pharmacists must report dispensing controlled substances within 7 days.
Financial Aid
Convictions of this sort would have a negative impact on a student’s ability to receive Federal Financial Aid.
Consult Student Legal Services’ Drug Convictions and Financial Aid brochure for more information.
Questions? Make an appointment with UCF’s Student Legal Services!
407-823-2538 or [email protected]
**This document is intended for informational purposes only and is not a substitute for legal advice.**
Like UCF Student Legal Services on Facebook! Follow us on Twitter @UCFStudentLegal!